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(영문) 창원지방법원 2014.05.29 2014노801
교통사고처리특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, because the defendant, without a driver's license, temporarily stops when entering the intersection where the signal, etc. of the red flashing vehicle is installed, and without confirming whether there is a vehicle crossing by temporarily stopping the vehicle without a driver's license, and due to the negligence of the defendant's driving, the victim C's driver's car going into the port from the right side of the cargo driving direction to obtain approximately three-day medical treatment, and the victim E, who is the passenger of C, suffered injury, such as alute, which requires approximately three-day medical treatment, and the case is not easy, and the defendant has been punished for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (one time a suspended sentence of imprisonment, three times a fine). In addition, even if there was a history of punishment for the violation of the Road Traffic Act (one time a suspended sentence of imprisonment, and three times a fine).

However, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant led to confession and the sale of the cargo vehicle driven at the time of the instant case, the cargo vehicle operated by the defendant was covered by a comprehensive motor vehicle insurance, the victim was not punished against the defendant under the agreement with the victim C and E, the defendant was trying to obtain the driver's license at the time of the instant case, and the driver's license was issued on December 12, 2013 immediately after the instant case, and the defendant was in a position to support three children, including her mother and her minor child, as well as her mother and her minor child, the character, character and environment and environment of the defendant, the circumstances and results of each of the instant crimes, the circumstances after the instant crimes, etc., and the sentencing conditions specified in the records and arguments, the sentence imposed by the court below is deemed unfair.

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